Andhra Pradesh High Court - Amravati
High Court Of Andhra Pradesh At ... vs Counsel Appearing For The ... on 31 August, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE No. C.C.Nos.1028, 1703, 1704, 1707 & 1710 of
2023
PROCEEDING SHEET
Sl. Office
ORDER
No DATE Note
31.08.2023 GRKP, J
Heard Sri A. Kishore Kumar, Learned
Counsel for the Contempt Petitioners in
C.C.No.1028 of 2023 and Sri B. Varun, Learned
Counsel appearing for the Contemnor.
2. This Court has perused the Affidavit
filed by the Respondent dated 06.08.2023.
Learned Counsel for the Contempt Petitioners
has drawn the attention of this Court to Para - 7
of the Affidavit, which is usefully reproduced
hereunder:
"I state that the Headquarters
Recruiting Zone (Andhra Pradesh,
Tamilnadu, UT of Puducherry &
Andaman Nicobar Group of Islands)
have approached Directorate General of
Recruiting/Recruiting B with following
recommendations: (a) permission be
granted for re-verification of documents
and conduct of fresh medical tests as
180 days have elapsed since the day of
conducting of the earlier medical tests
of the Petitioners; (b) based on medical
fitness and correctness of documents,
required numbers of vacancies be
catered out of Recruiting Year 2023-24
against the Army Recruiting Office,
Visakhapatnam; (c) Dispatch of these
petitioners to be undertaken in
October, 2023." (Contd..)
3. Learned Counsel for the Contempt
Petitioners has drawn the attention of this Court
to the first and second recommendations with
regard to the re-verification of documents and
conduct of the fresh Medical Tests on the ground
that the 180 days have elapsed. Learned
Counsel would contend that all the Petitioners
have qualified in the Medical Tests conducted in
the month of August/September, 2022;
whereas, to once again subject them to the
similar test is a matter of serious concern to the
Petitioners because it creates 'discretion' on the
part of the Authorities to exclude the Petitioners
on some ground or the other.
4. Learned Counsel for the Contempt
Petitioners has drawn the attention of this Court
to the directions of this Court in Order dated
05.12.2022 at Para - 16, which reads as under:
"In this view of the matter, the
Respondent No.2 is directed to conduct
a fresh scrutiny of the certificates of the
Writ Petitioners within two weeks from
the date of passing of this Order. If the
Writ Petitioners are found to be in
possession of valid NCC 'C' certificates,
regardless of the outcome of the result
of the Writ Petitioners in CEE, they shall
be considered along with others for
appointment to the posts of Agniveers.
If the Official Respondents have already
commenced the exercise for filling up
posts of Agniveers, the Competent
Authority is directed to keep vacant
such number of posts which are
equivalent to the number of Writ
Petitioners (in W.P.Nos.37924, 38366,
38368, 38369 & 38370 of 2022), till the
scrutiny process as indicated above is
completed."
5. This apart, the Division Bench of this
Hon'ble Court in W.A.No.358 of 2023 has also
reiterated that the directions of this Court in
Para - 16 of the Judgment dated 05.12.2022
shall be implemented. The Operative portion of
the Order of the Division Bench of this Hon'ble
Court dated 11.07.2023 in W.A.No.358 of 2023,
is also beneficially extracted hereunder:
"Therefore, in line with the
judgment of the learned single Judge
appellants are directed to conduct a
fresh scrutiny of the certificates of the
respondents/writ petitioners within two
weeks. Since a submission is made
that the recruitment process is already
completed and training is already
commenced but without any clear
details, this Court is of the opinion that
the candidates, who are found to have
a valid certificate in terms of the
notification, should be given the
exemption from taking the CEE and
accommodated in the appropriate
batch if necessary by giving them the
benefit of the time lost. Since the
candidates are not at fault, they should
be given benefit of time lost and every
consequential benefit of the single
Judge's order also.
With the above direction, the
writ appeal is dismissed. No order as to
costs. As a sequel, the miscellaneous
petitions if any shall stand dismissed."
6. In view of the directions of this Court in
Para - 16 of the Judgment dated 05.12.2022 and
the further directions of the Division Bench of
this Hon'ble Court at Para No.37 in W.A.No.358
of 2023, dated 11.07.2023, this Court is of the
opinion that the directions indicated as above
shall scrupulously be adhered to by the
Implementing Authority without any deviation
whatsoever.
7. It appears that the sole Respondent who
is named herein is only the Implementing
Authority and that the directions for conduct of
Medical Tests etc., have been issued by the
Superior Officers and therefore, this Court
deems it appropriate to implead Colonel Mohver
Singh Grewal, SM Director, Recruiting (States)
Head Quarters, Recruiting Zone, Fort Saint
George, Chennai - 600009 (Tamil Nadu), as
Respondent No.2 herein.
8. In view of the above discussion, the
objection raised by the Counsel for the
Petitioners against subjecting the Writ
Petitioners to Medical Tests once again is
sustained. Hence, Respondents are directed not
to subject the Writ Petitioners to Medical Tests
once again. There shall a further direction, in
respect of the second recommendation, to the
effect that the required number of vacancies be
catered out of Recruiting year 2023-2024 against
Army Recruiting Office, Visakhapatnam, only
after verification of NCC 'C' Certificates of the
Petitioners and based on the Medical Fitness
Results taken in August/September, 2022. This
process shall be confined to verification of the
NCC 'C' Certificates only.
9. Learned Counsel for the Contempt
Petitioners is directed to file amended Memo of
Parties within one week.
10. Registry is directed to issue Notice to
the newly impleaded Respondent No.2.
11. Learned Counsel for the Contempt
Petitioners is directed to take out Personal Notice
in respect of the newly impleaded Respondent
No.2, in addition to the Notice sent by the
Registry within one week from today and file
proof of receipt of Notice within a week
thereafter.
12. List the matter on 14.09.2023.
________________
GRKP, J
Vns
